Category: Internet Law

In January, the Federal Trade Commission (FTC) proposed a new rule that would ban employers from imposing noncompete clauses on their workers (employees, contractors, interns etc.) and require employers to rescind existing noncompete clauses and inform workers that they are no longer in effect. The FTC described the practice as an “often exploitative practice that…

Read More “FTC Takes on Noncompete Clauses As Harmful to Workers and Competition” »

Section 230 of the Communications Decency Act (the “CDA” or “Section 230”), known prolifically as “the 26 words that created the internet,” remains the subject of ongoing controversy. As extensively reported on this blog, the world of social media, user-generated content, and e-commerce has been consistently bolstered by Section 230 protections. The same law, however,…

Read More “A Final Bow for Section 230? Latest Plea for Reform Calls for Sunset of Immunity Law” »

The European Union recently enacted its new artificial intelligence regulation, the (“EU AI Act”).  The new law is expected to have a substantial impact on the AI industry, including on companies outside of the EU, much as the GDPR did. Overall, the EU AU Act follows a risk-based approach and contains several categories of AI…

Read More “The European Union Artificial Intelligence Act: Part One – Scope and Prohibited Systems” »

In an ongoing dispute commenced in 2016, the Eleventh Circuit for the second time in the lifetime of the litigation considered trade secret misappropriation and related copyright claims in a scraping case between direct competitors. The case involved plaintiff Compulife Software, Inc. (“Plaintiff” or “Compulife”) – in the business of generating life insurance quotes on…

Read More “Court Rules That Scraping of Public Data by Competitor Constitutes Trade Secret Misappropriation” »

Nielsen Media Research unveiled plans to assess esports viewership. The service is meant to help brands make better sponsorship decisions when it comes to professional gaming events. Howard Appelbaum, president of Nielsen Entertainment, enthused: “There’s a high demand for reliable, independent measurement of value in esports. We’re excited to enhance our client offerings and provide…

Read More “Esports Marketing: Nielsen Embraces Esports – RM Warner Law” »

The right clickwrap agreement will protect your assets and business better than a standard contract; it also allows for higher profit potential. I Want One » Certain clickwrap, browserwrap and sign-in wrap agreements may soon be under legal fire. Anyone using — or considering using — these contracts should set aside a minute to read…

Read More “Clickwrap Agreement Case: Automatic Billing Enrollment – RM Warner Law” »

2015 saw some very interesting cases in domain name law. On Monday, January 11, 2016, at 1 pm, there will be a short session highlighting some of the most important cases both under the UDRP and the ACPA. In addition, copies of Gerald Levine’s new UDRP book will be raffled off to the session attendees….

Read More “2015 Domain Legal Developments – DNattorney” »

Privacy concerns continue to cast a shadow over social media companies where third party applications utilize and integrate their applications on their platforms. In the decision of Canada (Privacy Commissioner) v. Facebook, Inc., 2023 FC 533, the Federal Court dismissed the Privacy Commissioner’s claims that Facebook breached the Personal Information Protection and Electronic Documents Act…

Read More “A step closer to “meaningful consent” under PIPEDA” »

This is Part 5 of a series of reflections on Ofcom’s Illegal Harms Consultation under the Online Safety Act (OSA). Ofcom’s consultation (which closed in February 2024) ran to a mammoth 1728 pages, plus an additional 77 pages in its recent further consultation on torture and animal cruelty. The results of its consultation are expected…

Read More “Cyberleagle: Illegal content judgements – fitting the Illegal Harms consultation to the Online Safety Act” »

Public companies now have a pathway to request a delay in their cybersecurity incident disclosure to the U.S. Securities and Exchange Commission (“SEC”). On December 6, 2023, the Federal Bureau of Investigation (“FBI”) Cyber Division published the “Cyber Victim Requests to Delay Securities and Exchange Commission Public Disclosure Policy Notice” (the “Policy Notice”) in response…

Read More “FBI Offers Pathway to Request Delay of SEC Cybersecurity Incident Disclosures” »